Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 857, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to specify that the public comment period is sixty days for environmental assessments and environmental impact statements that may be required in connection with the development or expansion of an in-state correctional facility.

Your Committee recognizes the importance of public input into any and all major government activities, especially those that have a direct impact on a community, such as the development or expansion of a correctional facility. Accordingly, your Committee finds that the public comment period for environmental assessments and environmental impact statements should be lengthened beyond that which is required for other actions that trigger an environmental assessment or an environmental impact statement.

Your Committee has amended this measure by making technical amendments to clarify the intent of the measure. Specifically, your Committee has amended the text of section 353-16.35, Hawaii Revised Statutes, to conform with its new title by clarifying that the requirements of the section apply to expansions as well as developments of in-state correctional facilities.

Your Committee has also clarified the measure by specifying that the sixty-day public comment period relating to in-state correctional facilities is an exception to the normal public comment periods required under section 343-5, Hawaii Revised Statutes, and by deleting language that suggests that the public comment period under section 353-16.35, Hawaii Revised Statutes, runs concurrently with the public comment periods specified under section 343-5, Hawaii Revised Statutes.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 857, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 857, S.D. 2.